Legal Question in Medical Malpractice in New York

Statute of Limitation on Medical Malpractice?

My son is 4 and suffers from pan-hypopituitarism and speech & learning problems. Two part question:

1. During an appointment last year, his endocrinologist stated that he likely suffered some injury to his brain during the birthing process. Based on a passing statement as such, hould I pursue legal recourse at this point?

2. The day after my son was born I was also asked to allow the hospital to subject my son to an experimental test (I kept the consent form). My problem is: his endocrinologist insisted (and still does) that the test was necessary to my son's diagnosis (which is why I consented) So why was it termed "experimental?"

I don't think that the test was really necessary, and I'm wondering what effect it may have had on my son's long-term prognosis. I feel I was lied to at a very vulnerable point, and it still bothers me. Might I have legal recourse where that's concerned?

My son's now on a regimen of injections and medications (and quarterly visits to his endocrinologist), based on this "experiment" (maybe), plus a brain scan. I think something's wrong with this picture. What do you sense?


Asked on 8/19/99, 10:22 am

1 Answer from Attorneys
David Austin Burke & Eisner, P.A.

Re: Statute of Limitation on Medical Malpractice?

1. If you have heard that your son's injury was due to something that happened during the birthing process then it is worth your while to have the records reviewed and looked at. A quality malpractice attorney would do this for you at little or no cost if he thought you might have a case. I cannot tell based on what you have posted whether you have a case.

I am willing to talk with you further about what happened and about your son's condition though. After that we may be able to go further and review the records.

2. I can't offer you anything on the experiment. You don't really describe it. In any event we could talk about that and why you thought that may have contributed to his current condition.

1-800-838-0800

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Answered on 8/21/99, 8:32 pm


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